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The GEMA-Presumption and the burden of non liquet (Germany)

“The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license such material under an alternative licensing scheme.”

The case that came before the Local Court Frankfurt/Main concerned a dispute between the German Society for musical performing and mechanical reproduction rights (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, GEMA) and a song contest organiser (defendant). In the course of a music contest, entrants were asked to submit a song through the defendant’s website and permit for the song to being exploited ( [...]

A wolf in sheep’s clothing: the new Portuguese proposal on private copying levies

On 2 May 2011 the Ministry of Culture in Portugal made public a law proposal concerning the regulation of private copying levies (the English version of which is unfortunately not available). The law currently in force dates from 2004 and had in turn made some changes to the original law, dated from 1998.

There have been some concerns regarding the compatibility of this proposal with Creative Commons licenses, both in national and international fora. All that ado is about article 5 of the proposal, which reads something like “The equitable compensation of authors and performers is inalienable and cannot be waived. Any contractual clause to the contrary shall be null and void.” While I ag [...]

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